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Excessive Criminal Justice Caseloads: Challenging the Conventional Wisdom

NCJ Number
171965
Journal
Florida Law Review Volume: 48 Issue: 5 Dated: (December 1996) Pages: 761-779
Author(s)
J H Israel
Date Published
1996
Length
19 pages
Annotation
Since the 1960s, no element of the criminal justice system has received more attention in popular and professional commentary than the pressure of heavy caseloads; the lack of sufficient resources to deal with these caseloads has been widely characterized as the most pervasive and critical administrative challenge faced by police, prosecutors, public defenders, and courts.
Abstract
Conventional wisdom on excessive caseloads holds caseload pressure largely responsible for a variety of administrative shortcomings in almost every stage of the criminal justice process. In addition, conventional wisdom indicates the frequent result of caseload pressure is that many defenders escape prosecution and contends heavy caseloads foster judicial practices that promote less time-consuming dispositions and contribute to "routinized" and often uninformed administrative decision-making. Conventional wisdom also shows caseload pressure produces a sense of frustration and disillusionment that adversely affects the performance of police officers, prosecutors, defense counsel, and judges. This effect on performance contributes to loss of respect for the criminal justice process. The impact of heavy caseloads is examined in relation to criminal justice administration and resources, defendant rights, effective enforcement of criminal laws, and legal requirements. Legal challenges to conventional wisdom on excessive criminal justice caseloads are examined. 56 footnotes